LAWS(ALL)-2023-2-183

JAYANTRA DEVI Vs. STATE OF U. P.

Decided On February 09, 2023
Jayantra Devi Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) Heard Sri Rahul Agarwal and Sri Ashok Kumar Tripathi learned counsel for the petitioner, Sri Ajit Kumar Singh learned Additional Advocate General assisted by Sri Sudhanshu Srivastava learned Additional Chief Standing Counsel for State-respondents and Sri Ashok Khare learned Senior Counsel assisted by Sri Aditya Kumar Singh learned Counsel for respondent No. 6.

(2.) This writ petitioner is challenging the 'No-confidence motion' carried out against her in the meeting held on 30/9/2022 as also the resultant notification issued by the Election Commission of India notifying the vacancy of the post of Block Pramukh/Pramukh, Kshettra Panchayat Haisar Bazar, District Sant Kabir Nagar.

(3.) The relevant facts to determine the controversy at hands are that a notice to bring 'No-confidence' motion against the petitioner herein, signed by 76 members out of total 99 members of the constituency namely Kshettra Panchayat Haisar Bazar was received by the District Magistrate, Sant Kabir Nagar. The District Magistrate by a notice dtd. 23/8/2022 called a meeting to consider 'No-confidence motion' on 8/9/2022. It is submitted by the learned counsel for the petitioner that the said notices were dispatched on 24/8/2022 by registered post. The period between the date of dispatch and the schedule date of meeting being less than 15 days, 'No-confidence motion' could not have been carried out on the date fixed, i.e. 8/9/2022 in view of mandatory provisions of Sec. 15(3)(ii) of the U.P. Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (hereinafter referred to as "the Act, 1961").